EEA Nationals (Indefinite Leave to Remain) Bill [HL]

Baroness Smith of Newnham Excerpts

2nd reading (Hansard): House of Lords
Friday 19th July 2019 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, it is frequently the case that, when Bills or debates are introduced, speakers congratulate the Peer who has introduced the legislation or secured the debate. Naturally, I do so this afternoon. It is also frequently the case that we talk about a Bill or debate as being timely. This Bill had its First Reading over two years ago, as my noble friend Lord Oates pointed out.

As the noble Lord, Lord Cormack, has pointed out, the debate goes back rather further. In preparation for today’s debate, I seemed to recall that I had spoken on this issue several times in the immediate aftermath of the referendum. I went back to Hansard and found a Question for Short Debate in the name of the noble Lord, Lord Lucas, on 14 July 2016. On that occasion, the noble and learned Lord, Lord Keen of Elie, was responding to the debate, and I pointed out what a pleasure it was to have the fifth opportunity of questioning the fourth different Minister on the issue of the rights of EU citizens resident in the United Kingdom. That was within three weeks of the referendum. I thought that today the noble Baroness, Lady Williams, might be responding—at least she has had the opportunity of answering on the same set of issues many times before—but I am delighted to see the noble Baroness, Lady Barran. I know that she at least has not had to answer any of my questions on this issue before.

It feels as if, over the last three years, the only thing that has had settled status, a right to reside in this Chamber, the other place and the country, is the Brexit groundhog that keeps appearing and raising its ugly head in whatever debate and on whatever issue. What did we have in the Northern Ireland (Executive Formation) Bill? Amendments on Brexit. It has been the subject of debate for months and years; the rights of EU citizens have been uncertain for the three years since the referendum. That is, frankly, disgraceful.

In the immediate wake of the referendum, the noble Lord, Lord Lucas, queried—perhaps to the world in general—whose fault it was that the rights of EU citizens were not unilaterally guaranteed. In those days after the referendum, there was virtual unanimity in this Chamber that the rights of EU citizens should be guaranteed immediately. The noble Lord, Lord Cormack, has pointed out that he made that case; the noble Baroness, Lady McIntosh of Hudnall, made the point on the Labour Benches; as did the noble Lords, Lord Forsyth and Lord Lawson; from these Benches, so did I and other Peers. The only people who disagreed at that time were any Ministers having the misfortune to be responding from the Government Front Bench. I am not even sure that those Ministers disagreed with us, but they clearly had to put forward the party line. In the three weeks following the referendum, the party line was set by the then Home Secretary: the right honourable Theresa May, MP for Maidenhead. That line persisted through her time as Prime Minister. There was a sense that, however many Members of your Lordships’ House and of the other place called passionately for the rights of EU citizens to be guaranteed immediately, Mrs May was not agreeable to it.

We said that EU citizens should not be treated as pawns, and yet what happened in the negotiations was precisely that: EU citizens and their rights, and the rights of UK nationals by extension, as the noble Lord, Lord Kerr, pointed out, were used as hostages in the debate. It was wrong then; it is wrong now. Three years after the referendum, EU citizens should be certain of their rights, but they still cannot be. I therefore very much welcome the opportunity to have this debate today. I realise that Private Members’ Bills very rarely make it to the statute book, but, as my noble friend made clear in introducing today’s debate, in many ways the issues we are discussing have already come on to the agenda through the Government’s settled status regime.

However, the Bill under consideration today goes a stage further. It would guarantee the rights of EU and EEA nationals. It would do it as a right, not requiring endless form-filling. It has been customary across the Chamber today to talk about the noble Baroness, Lady Hayter, in her absence. She made it very clear, in the previous debate, how difficult it is for people to fill out the necessary forms about indefinite right to remain; there are 80 pages of documentation. For EU citizens wanting indefinite right to remain, there is traditionally the need to say where they have been in the five years since they started being resident here. If you are an EU citizen exercising your right to free movement, your passport will not be stamped if you go back and forth between London and Brussels, or wherever your hometown might be. If you go home to Wrocław, Tallinn or any European city, your passport will not be stamped. Nobody keeps that sort of record. The rules that were in place made it very difficult for people to fulfil the requirements. The proposed settled status scheme is an improvement, but, as noble Lords have made clear, it still requires EEA nationals currently resident here to make applications. There is no automaticity.

I feel some sympathy with the noble Baroness, Lady Barran, for having to respond to this debate, because it touches on a set of issues that are outside the purview of the Home Office. The Windrush scandal has been mentioned. However, these applications have to be made through the Government’s IT procedures, and universal credit has demonstrated some of the difficulties with that. Is the Minister sure that the arrangements put in place for applications will be satisfactory, and is the government IT system fit for purpose? As the noble Lord, Lord Kerr, pointed out, not everyone will be IT savvy, so what arrangements do the Government envisage to assist people who do not have access to the internet? Indeed, is the government software available on all types of mobile device? Those have been issues of concern.

In addition, the recent experience of the European Parliament elections demonstrated the problems even for fairly savvy EU citizens resident in the United Kingdom. Many EU citizens who were on the electoral register were disenfranchised at the European Parliament elections. They voted without difficulty at the local government elections in early May, and three weeks later they turned up at the same polling stations and found that they were disenfranchised. They had failed to fill in an additional form, which some local authorities had informed them about, while others had not. However, if you suddenly get an email from your local authority, you do not necessarily open it and think, “My goodness! Here is a form I need to fill in to be able to vote”. If EU citizens who were seeking to vote and who were sufficiently interested to vote were disenfranchised, the danger is that many EEA nationals will find that, on the day we leave, they have not filled in the necessary paperwork.

The proposed legislation is open and tolerant. As noble Lords have pointed out, it would give the incoming Prime Minister the opportunity to live up to the words of the Vote Leave campaign and to make the situation clear for any EU citizens resident here at the time the United Kingdom leaves the European Union—if it happens on 31 October or on some other date. Theresa May did not campaign for Vote Leave; Boris Johnson did. Can the Minister undertake to send out words to Mr Johnson, in the event that he becomes Prime Minister next week, and suggest to him that this would be the perfect opportunity to live up to some of the positive narrative that the Vote Leave campaign was so keen to put forward in 2016?